Property Offenses Flashcards
Elements of Larceny
Larceny consists of:
(1) A taking (obtaining control)
(2) And carrying away (the slightest movement is enough)
(3) Of tangible personal property
(4) Of another with possession
(5) By trespass (without consent or by consent induced by fraud)
(6) With intent to permanently deprive that person of their interest in the property
NOTE: If the defendant had possession of the property at the time
of the taking, the crime is not larceny, but may be embezzlement.
NOTE: The defendant must have had the intent to permanently deprive when they took the property (BUT SEE continuing trespass)
Continuing Trespass
If the defendant wrongfully takes property without the intent to
permanently deprive, and later decides to keep the property, the defendant is guilty of larceny WHEN THEY DECIDE TO KEEP IT.
This is an exception to the requirement that the defendant must have intended to permanently deprive the legal owner of their property at the time they took it.
NOTE: The original taking must have been wrongful. If not (e.g., the defendant took the umbrella thinking it was theirs) and later decides to keep it, it is not larceny.
Definition of Embezzlement
Embezzlement is the fraudulent conversion of the personal property of another by a person in lawful possession of that property.
Embezzlement or Larceny?
Embezzlement: The defendant misappropriates property while it is in their rightful possession
Larceny: The defendant misappropriates property not in their possession
Elements of False Pretenses
The offense of false pretenses is:
(1) Obtaining title
(2) To personal property of another
(3) By an intentional false statement of a past or existing fact
(4) With intent to defraud the other
Larceny by Trick or False Pretenses
Larceny by Trick: The victim is tricked by a misrepresentation of fact into giving up CUSTODY OR POSSESSION of property.
False Pretenses: The victim is tricked into giving up TITLE to property.
Elements of Robbery
Robbery consists of:
(1) A taking
(2) Of personal property of another
(3) From the other’s person or presence
(4) By force or threats of immediate death or physical injury to the
victim, a family member, or some person in the victim’s presence
(5) With the intent to permanently deprive them of it
NOTE: the victim must give up their property because they feel threatened
Extortion
Common law: Extortion consists of the corrupt collection of an
unlawful fee by an officer under color of office.
Modern statutes: Extortion (blackmail) often consists of obtaining property by means of threats to do harm or to expose information.
Under some statutes, the crime is complete when threats are made with the intent to obtain property (i.e., the property need not be obtained.)
Extortion or Robbery?
Extortion: The threats may be of future harm and the taking does not have to be in the presence of the victim.
Robbery: Must be threats of immediate death or physical injury to the
victim
Elements of Receipts of Stolen Property
Receipt of stolen property consists of:
(1) Receiving possession and control
(2) Of “stolen” personal property
(3) Known to have been obtained in a manner constituting a criminal offense
(4) By another person
(5) With the intent to permanently deprive the owner of their interest in it
NOTE: Property must be stolen at the time the Defendant receives it
Definition of Forgery
Forgery is the making or altering of a false writing with apparent legal significance with the intent to defraud
NOTE: No one need actually have been defrauded
NOTE: The false writing must be representing that it is something that it
is not, not merely containing a misrepresentation.
Common Law Burglary
Common law burglary consists of:
(1) A breaking
(2) And entry
(3) Of a dwelling
(4) Of another
(5) At nighttime
(5) With the intent to commit a felony in the structure (felony need
not be carried out to constitute burglary)
Modern Statutes: Burglary
intent to commit a misdemeanor theft is often enough.
Common Law Arson
(1) The malicious (intentional or with reckless disregard of an
obvious risk)
(2) Burning (requiring some damage to the structure caused by fire)
(3) Of the dwelling
(4) Of another
Modern Arson Statutes (MPC)
Expanded the definition of arson to include damage caused by explosions, and expanded the types of property that may be destroyed to include commercial structures, cars, trains, etc.
